Arbitration; Severability Clause Samples
The "Arbitration; Severability" clause establishes that any disputes arising under the agreement will be resolved through arbitration rather than through court litigation, and that if any part of the agreement is found to be invalid or unenforceable, the remaining provisions will still remain in effect. In practice, this means that parties must submit their disagreements to a neutral arbitrator, and if a specific term is struck down, the rest of the contract is preserved and continues to govern the relationship. This clause ensures efficient dispute resolution outside of court and maintains the integrity of the agreement even if certain provisions are challenged or invalidated.
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Arbitration; Severability. If the prohibition against class actions and other claims brought on behalf of third parties, or any other part of this Section 15.6 is found to be unenforceable, then all of the other language in this Agreement and this Section 15.6 will remain enforceable. To the extent that User or Novadontics are permitted to bring a claim relating to this Agreement in state or federal court, then such claim shall only be brought in courts located in San Diego, California.
Arbitration; Severability. (a) Any dispute, claim or controversy between the parties with respect to the performance or interpretation of this Agreement or Employee's employment at Company which cannot be resolved between the parties shall be finally resolved by a binding arbitration to be conducted by a single arbitrator under the auspices of and in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") at a mutually acceptable place in St. Louis County, Missouri. The arbitrator shall be bound by the terms and conditions of this Agreement and shall have no power, in rendering the award to alter or depart from any express provision of this Agreement or to make a decision which is not supported by law and substantial evidence. Each party shall bear the costs of its own attorneys and experts, and the parties shall equally bear the costs, charges, and expenses, including the fees, charges, and expenses of the arbitrator and the AAA. Notwithstanding the parties' agreement to arbitrate, the parties reserve all of their respective rights to seek provisional remedies before the courts which they would have at law or equity, including temporary restraining orders, injunctions or other similar relief.
(b) It is the desire and the intent of the parties that the terms and conditions of this Agreement shall be enforced to the fullest extent permissible. Accordingly, if any particular term or condition of this Agreement shall be adjudicated or become by operation of law invalid or unenforceable, this Agreement shall be deemed amended to delete therefrom such term or condition and the remainder of this Agreement shall remain in full force and effect. A deletion resulting from any adjudication shall apply only with respect to the operation of that term or condition in the particular jurisdiction in which such adjudication is made.
Arbitration; Severability. If for any reason all or part of this arbitration provision is held to be invalid, illegal or unenforceable in any respect under any applicable law or regulation in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other part of this arbitration provision or any other jurisdiction. But this provision will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal, or unenforceable part or parts of this arbitration provision had never been contained herein, consistent with the general intent of the parties, as evidenced herein, insofar as possible.
Arbitration; Severability. If the prohibition against class actions and other claims brought on behalf of third parties, or any other part of this Section 16.f is found to be unenforceable, then all of the other language in this Agreement and this Section 16.f will remain enforceable. To the extent that User or Now Medical are permitted to bring a claim relating to this Agreement in state or federal court, then such claim shall only be brought in courts located in New York, New York.